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Tale of two roads
October 18, 2004
By Glenn (Louie) Garrison
Troy, Montana
There are two roads near Troy, in Lincoln County, Montana.
One is a road that the County claims -- citing a law that was repealed in 1959 (if a road is used by the public, than it is a public road). Using that claim, the County took three acres of my land without paying for it.
The other
road is My question to the County Commissioners: How can you take my land by claiming it is a County road, based on the fact it was used by the neighbors as a driveway before 1959 -- and not claim the other road by the same reasoning and based on the same law? Where is the equal treatment under law in these cases?
This may
be just another example of the 'good old boy' system in Since my case is now case law, I would think all the old mining roads are County roads with a 60-foot right of way.
An afterthought: It appears that all roads being used since before 1959 are County roads. |